DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 8
24 May 2002
117-01
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 2 May 2002. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
The Board found that you served on active duty in the Navy from 25 February 1985 to 10
October 1986, when you were released from active duty and transferred to the Temporary
Disability Retired List with a rating of 100% for Burkitt ’s lymphoma. You underwent a
periodic physical examination on 1 May 2001, and it was determined that the lymphoma was
in complete remission; subsequently, you were found fit for duty, and offered the opportunity
to reenlist. As you declined the offer, you were administratively discharged from the Navy
on 17 June 1993.
In order to be separated or retired from the Armed Forces by reason of physical disability, a
service member must be unfit to perform the duties of his office, grade, rank or rating.
There is no indication in the available records that you were unfit for duty on 17 Jun 1993.
The actions of the Social Security Administration of 28 June 1998, and the Department of
Veterans Affairs of 15 June 2001, are insufficient to demonstrate that your discharge in 1993
was erroneous. Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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